Back
VIVEK CHAUDHARY
Parvinder Kaur W/O Late Vijai Pal Singh – Appellant
Versus
Board Of Revenue U. P. Lucknow – Respondent
JUDGMENT :
VIVEK CHAUDHARY, J.
1. Heard Shri Shamshad Ali learned counsel for petitioners, Sri N.K. Seth, learned Senior Advocate assisted by Sri Ashish Chaturvedi advocate for respondent no. 6-auction purchaser and learned Standing Counsel for the State.
2. Petitioners, heirs of late Vijay Pal Singh (one of the five brothers), by the present writ petition have challenged the order dated 31.05.2010 passed by respondent no.1 Board of Revenue, U.P., Lucknow and further prayed for a mandamus commanding the respondent no.6-auction purchaser not to create any hindrance in the peaceful possession of the petitioners over the property in dispute.
3. It appears that at the very initial stage, the Court was not satisfied with regard to possession of the petitioners and, thus, on 15.06.2010 the interim order passed provided only that, "opposite party no.6 shall not alienate the property in question till the next date of listing." Even during the course of arguments no claim was made by the petitioners that they are in possession of the property in dispute.
4. Before coming to the facts it would be appropriate to narrate the long and checkered litigation parties went through to again reach this cou
Point of Law : Whenever the sale of any holding or other immovable property is set aside under Rule 285-H or Rule 285-I the purchaser shall be entitled to receive back his purchase money plus an amou....
The main legal point established in the judgment is the emphasis on the limitation period of 30 days for filing an application against auction sale under Rule 285-I of the U.P. Zamindari Abolition & ....
Confirmed auction sales cannot be set aside for alleged inadequacy of price or lack of publicity without proof of fraud or substantial injury.
The court established that adherence to statutory processes for property sale was observed, and petitioners failed to pursue available legal remedies, justifying dismissal.
The main legal point established is that an auction sale can be set aside if there are substantial irregularities and fraud, and the application to set aside the sale was filed within the limitation ....
The court affirmed that failure to comply with prior court orders and the finality of executed sale deeds limit the ability to contest auction proceedings under the Land Revenue Code.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
